Selectmen deny sales application for used cars

SOMERSET — The Board of Selectmen last Wednesday decided to deny an application for a business called Advanced Auto Body & Sales to sell used cars.

"I don't believe they were truthful on the application," Selectman Patrick O'Neil said. "I believe they lied on the application. We have to protect the town of Somerset."

Mr. O'Neil said licenses to sell used cars in town are the easiest licenses for a business to get approved. The hearings that the selectmen have to approve them are usually pretty routine, going over the parking plan for the lot so that the Fire Department has access to them. But there were other types of issues related to the application filed by Advanced Auto Body & Sales, such as the business not paying for parts at a previous time and criminal investigations that the police chief was concerned about. Mr. O'Neil said he bases such decisions on licenses on how they will affect the public.

"If things were done right, he would have got it," Selectmen Chairman William Meehan said of the used car license.

Mr. O'Neil said he believes Advanced Auto Body was alluding the truth on a question about whether the business had ever had a license suspended or revoked. On one application, the answer to that question was that the license was not renewed as the lease on the property in Rehoboth, where the applicant used to have a similar business, expired. On another application, it said the license was not renewed because of allegations that the applicant allowed employees on two occasions to attach plates to loaner vehicles, but said those charges were dropped and also attached a letter to the application with a further explanation.

Edward Lawson, Jr., an attorney from Pawtucket, R.I. who represents Advanced Auto Body & Sales and owner Maureen Tuffy, said the reasons why the license was not renewed in Rehoboth were never proven. He also said the Rehoboth issue was a genuine oversight.

Atty. Lawson said he thought his client had addressed all the concerns of the town. He said a customer of the business came to the meeting to attest to the fairness with the way he was treated at the business.

Atty. Lawson said the Rehoboth Board of Selectmen never suspended or revoked a license for Advanced Auto Body when the business was located there. He said the selectmen in that town voted not to renew the license. He said there was no criminal activity at the business and said there were no records of complaints. Atty. Lawson said charges that were brought were dismissed.

Mr. Meehan said Rehoboth did not renew the business's license for a reason.

Police Chief Joseph Ferreira said the main point of the discussion was that Ms. Tuffy had said that the reason why her business left Rehoboth was because she could not get a lease with the landlord where the property had been located. He said there is supposed to be full disclosure on the application for the used car license.

"They weren't totally truthful," Chief Ferreira said.

Town Counsel Clement Brown said Chief Ferreira's point was correct and that Ms. Tuffy's answer to the question was misleading. He said she did not give an answer as to why the license was not renewed.

"There was no intent to try to witthhold information from this board in respect to what happened in Rehoboth," atty. Lawson said. "There was no intent to deceive."

Mr. O'Neil said his concern was whether Ms. Tuffy was a suitable person to hold a used car sales license and he said one town had already said she is not. He said he did not want Somerset to be in the same situation as Rehoboth with Advanced Auto Body & Sales.

Ms. Tuffy said there are two youths from Somerset who are doing apprenticeships at her business. She said she is from Rhode Island and can bring business to Somerset from that state.

"We want to help the town," Ms. Tuffy said. "We're going to pay taxes to the town."

Ms. Tuffy said she answered the question on the used car dealership license application wrong before and tried to explain it.

"I am not a bad person," Ms. Tuffy said. "I've never lied to people. I wasn't brought up like that."

Atty. Lawson said the business is here to stay in Somerset because Advanced Auto Body already has a license to repair vehicles. He said he has counseled his clients and said they do listen and will adhere to the highest standards for their business. He said John Buco, who works at the shop, has been in the auto body and repair business his whole life and Ms. Tuffy has a clean record.

Town Administrator Dennis Luttrell said that in 2004, the owner of the property where Advanced Auto Body is located at 3280 County St., came to an agreement with the town that allows for a used car sales license on the property if monthly payments on taxes they were behind on were made. Mr. Luttrell said the owners of the property were supposed to pay $1,000 per month in taxes on the property, but in three years, said they have only paid $3,000, which means they are $33,000 behind. Mr. Luttrell said that having a used car dealership license for the property was based on that monthly payment arrangement which has not been cleared up. Mr. Luttrell said he was also not sure if Advanced Auto Body had a lease on the property. Atty. Lawson said Advanced Auto Body is using the property on a month-to-month basis and there is a verbal agreement on a lease they will have if the business gets the used car dealership license.

Mr. O'Neil said he was also concerned about the tax issue with the situation, but understood that was not Ms. Tuffy's fault. He asked if there could be some type of arrangement for timely payment of the taxes. Atty. Lawson said there could be a condition put in the license for timely payment of the taxes or the licesnse could be lost.

Ms. Tuffy said at the time she talked to the town treasurer about that arrangement the town had with the owner of the property, she had had been asked to put in a waste oil tank on the property.

Somerset Fire Department Deputy Chief David Messier said he was concerned about three businesses being run on the property with a repair shop, auto body shop and used car dealership. He said he does not think the property has a big enough area to accomodate all the cars for three such businesses. Selectman Stu Mahjoory said the location for the business was also an issue for him after what Deputy Chief Messier said.

Atty. Lawson said the selectmen could grant his client a conditional license and then review the business to see if it is operating to their satisfaction in three to six months. He said he did not think the concerns of the selectmen were unreasonable and said his clients were trying to address them the best they can and said the town could put in safeguards to make sure they were addressed.

Chief Ferreira said there have been several investigations into Advanced Auto Body in the past year and said several of them have been rectified. He said the business has a history of problems with the police and fire departments in town. He said about 30 cars were stored illegally on the property. He said there have been issued with Mr. Buco in other jurisdictions.